Truly Agreed, 2015

260.500. As used in sections 260.500 to 260.550, unless
the context clearly indicates otherwise, the following terms
mean: (1) "Cleanup", all actions
necessary to contain, collect, control, identify, analyze, clean
up, treat, disperse, remove, or dispose of a hazardous substance; (2)
"Cleanup costs", all costs incurred by the state or any of its
political subdivisions, or their agents, or by any other person
participating with the approval of the department of natural
resources in the prevention or mitigation of damages from a hazardous
substance emergency or the cleanup of a hazardous substance involved
in a hazardous substance emergency, including a proportionate
share of those costs necessary to maintain the services authorized
in sections 260.500 to 260.550; (3)
"Department", the department of natural resources; (4)
"Director", the director of the department of natural resources; (5)
"Hazardous substance", any substance or mixture of substances
that presents a danger to the public health or safety or the
environment and includes: (a)
Any hazardous waste identified or listed by the department pursuant
to sections 260.350 to 260.430; (b)
Any element, compound, mixture, solution, or substance designated
pursuant to Sections 101(14) and 102 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended,
and Section 302 of the Superfund Amendments and Reauthorization
Act of 1986, as amended; and (c)
Any hazardous material designated by the Secretary of the United
States Department of Transportation pursuant to the Hazardous
Materials Transportation Act; (d)
"Hazardous substances" does not include radioactive materials,
wastes, emissions or discharges that are licensed or regulated
by laws of the federal government or of this state.However,
such material released due to a transportation accident shall
be considered a hazardous substance; (6)
"Hazardous substance emergency": (a)
Any release of hazardous substances in quantities equal to or
in excess of those determined pursuant to Section 101(14) or
102 of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended, and Section 304 of the
Superfund Amendments and Reauthorization Act of 1986, as amended; (b)
Any release of petroleum including crude oil or any fraction
thereof, natural gas, natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel (or mixtures of natural
gas and such synthetic gas) in excess of fifty gallons for liquids
or three hundred cubic feet for gases, except that the notification
and reporting of any release of natural gas or natural gas mixtures
by or from intrastate facilities, regardless of the quantity
of such release, shall be as specified by the public service
commission rather than pursuant to the notification and reporting
requirements contained in, or authorized by, sections 260.500
to 260.550. Interstate natural gas pipeline facilities shall
report natural gas releases to the state and the National Response
Center in accordance with federal Department of Transportation
regulatory requirements; (c)
Any release of a hazardous waste which is reportable pursuant
to sections 260.350 to 260.430; (d)
Any release of a hazardous substance which requires immediate
notice pursuant to Part 171 of Title 49 of the Code of Federal
Regulations; (e) The department
may promulgate rules and regulations identifying the substances
and the quantities thereof which, if released, constitute a hazardous
substance emergency; (7) "Person",
any individual, partnership, copartnership, firm, company, public
or private corporation, association, joint stock company, trust,
estate, political subdivision, or any agency, board, department,
or bureau of the state or federal government, or any other legal
entity whatever which is recognized by law as the subject of
rights and duties; (8) "Person
having control over a hazardous substance", any person producing,
handling, storing, transporting, refining, or disposing of a
hazardous substance when a hazardous substance emergency occurs,
including bailees, carriers, and any other person in control
of a hazardous substance when a hazardous substance emergency
occurs, whether they own the hazardous substance or are operating
under a lease, contract, or other agreement with the legal owner
thereof; (9) "Release", any
threatened or real emission, discharge, spillage, leakage, pumping,
pouring, emptying or dumping of a substance into or onto the
land, air or waters of the state unless done in compliance with
the conditions of a federal or state permit, unless the substance
is confined and is expected to stay confined to property owned,
leased or otherwise controlled by the person having control over
the substance, or unless, in the case of pesticides, if application
is done in accordance with the product label; (10)
"State of Missouri basic emergency operations plan", the state
plan, its annexes, and appendices as developed or maintained
by the state emergency management agency for response to natural
and man-made disasters in this state; (11)
"Waters of the state", all waters within the jurisdiction
of this state, including all rivers, streams, lakes and other
bodies of surface and subsurface water lying within or forming
a part of the boundaries of the state which are not entirely
confined and located completely upon lands owned, leased or otherwise
controlled by a single person or by two or more persons jointly
or as tenants in common [and includes waters of the United
States lying within the state].